Noakes and Noakes (Child support)

The case of *Noakes and Noakes (Child Support)* concerned a review of a departure determination made by the Child Support Registrar. The applicant, the liable parent, sought to have the Registrar's decision set aside and substituted with a new determination. The dispute centred on the Registrar's assessment of the liable parent's income, property, and financial resources, specifically their earning capacity, as a ground for departure from the administrative assessment of child support.

The primary legal issue before the court was whether the Registrar had erred in their assessment of the liable parent's earning capacity and, consequently, whether the departure determination was justified. The court was required to consider the evidence presented regarding the liable parent's financial circumstances and their ability to earn income, and to determine if these factors warranted a departure from the standard child support assessment.

The court found that the Registrar had indeed erred in their assessment of the liable parent's earning capacity. The reasoning applied by the court focused on the specific evidence before the Registrar and the applicable provisions of the *Child Support (Registration and Collection) Act 1988*. The court determined that the liable parent's earning capacity had been underestimated, and that this underestimation was a material factor in the Registrar's decision to depart from the administrative assessment.

Consequently, the court set aside the departure determination made by the Child Support Registrar and substituted it with its own determination, reflecting the corrected assessment of the liable parent's earning capacity.